I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.

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Jim

January 5th, 2005, 08:27 PM

Very nice, Freddy. I like what you have done with this image. The red is perfect.

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TeddyKoochu

06-25 03:47 PM

Are the locations of your employer and client in the same city, otherwise the LCA submitted at the time of H1B extension becomes inconsistent. I believe your best bet is to file a new H1 if possible, MTR likely looks difficult as your current situation is different from what was petitioned. New H1 being approved may also depend on how big your company is internal project to them for consulting companies to them is synonymous with bench. All the best I believe you need a qualified attorney to assist you.

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gc28262

07-01 05:55 PM

Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.

http://en.wikipedia.org/wiki/Non-compete_agreement

I signed one last week knowing that it does not have much validity.

In doubt check with an attorney.

Hi All,

I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

Preferred Vendor X > the Client C

Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

a) I moved to a different state and, (My work location on PERM is California). b) If I will be getting less salary than what�s mentioned on my PERM

Thanks much,

a) As long as the company Head office does not move and that is where your Labor was filed, you are OK.

b) You can get lesser salary now. But if USCIS interviews you, you should have an offer letter with salary greater than or equal to PERM salary. In other words, your employer should not pay you lesser than PERM salary once you get the GC. of course, marginal differences may not be a problem.

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spicy_guy

08-11 12:09 PM

Pappu: Can we do anything about it? It does seem to be a good bill. If voting on the website really has any impact, why can't we do it?

It is from this link: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52

Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.

This is from FR 17172 which you can find at: http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172 Thanks for the info. Good to know abt this.

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don840

04-08 02:30 PM

wandmaker, need another clarification. on DS 156, Q 38- "Have you ever violated the terms of a U.S. visa,----?", Do I answer yes or no. There is another question, about 'has your visa ever been revoked?" An attorney that i consulted, said the answer is 'No' to both these questions. His explaination was, I might have violated terms of h1 status and my h1 status has been revoked. But I have not violated terms of visa, and my visa (thats stamped in the passport) has not been revoked. Is his explaination correct?

How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??

Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.

You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!

From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me. Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.

Because I did not have H1 Visa...just H1 document. I went on a very short trip to India and I didn't want to make trips to Chennai consulate and who knows if I got stuck with some kind of verifications...or other delays...Thats why I opted for AP.

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Hassan11

03-26 11:53 AM

no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

any feedback is appreciated.

There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.

Please contact ashwin_27/nmdial/snathan to add you to the I485 filing initiative. Thanks. If many more like you could join the battle...we'd be victorious by now....

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GCNaseeb

11-14 11:18 PM

I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.

I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.

My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.

i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.

Surge:

Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

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sanjeev_2004

10-04 02:10 PM

Saeed, I 140 can processed through premioum process from last week. Can you tell what was state of filing you labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process.45 days latter got in March.

sanjeev

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waiting4gc

08-08 07:55 PM

There is a seasonal temporary visa that you can get if you are in a profession where there is extra demand in some part of the year. For e.g. a friend of mine got this visa initially as she is a CPA so there is more work for them around middle of the year.

My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

mjdup

01-24 11:41 AM

dionsys> How much have you contributed thus far? May be you should involve in one lobbying effort and see what the core goes through, walk the talk please !

imm_pro

08-26 12:45 PM

Congrats man..looks like you got ur GC in a record 2.5 years..way to go